This bill revises existing laws regarding health care proxy decision-makers by introducing the concept of a patient-designated "trusted decisionmaker." Patients can designate this trusted individual to make health care decisions on their behalf if they lack decisional capacity, specifically after being admitted to a hospital. The attending health care provider is required to document this designation and notify the patient's family. Additionally, the bill establishes a hierarchy for selecting decision-makers when a patient lacks decisional capacity, prioritizing guardians and agents appointed through a medical durable power of attorney before considering other proxies.

Key amendments include the requirement for the patient's designation of a trusted decisionmaker to be witnessed by a third party and the stipulation that the designation remains in effect until the patient completes a medical durable power of attorney, designates another trusted decisionmaker, or is discharged from the hospital. The bill also clarifies that if a trusted decisionmaker is designated, the attending health care provider cannot seek to appoint a lay or medical proxy decision-maker without first attempting to contact the trusted decisionmaker. Furthermore, the definition of a trusted decisionmaker is included in the relevant sections of the Montana Code Annotated (MCA).

Statutes affected:
LC Text: 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(5): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(6): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(7): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(8): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1: 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2: 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(5): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(6): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(7): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(8): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(9): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X: 50-5-110, 50-5-1301, 50-5-1303